HIDALGO COUNTY BOARD OF COUNTY COMMISSIONERS

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1 MINUTES REGULAR MEETING HIDALGO COUNTY BOARD OF COUNTY COMMISSIONERS April 13, 2016at 9:00 A. M. BE IT REMEMBERED that the Hidalgo County Board of County Commissioners met in regular session on April 13, 2016, at the hour of 9:00 A.M. at the Hidalgo County Chambers at 305 Pyramid Street, Lordsburg, New Mexico, for the purpose of conducting any and all business to come properly before the Board. The following elected officials, staff, and public were present: Bob Hall, County Manager Seth Hadley, Diamond A Ranch Jody Hatch, Assessor Jack Lasher David Carbine, Rural Addressor Rex Jensen Jennifer Medina, Diamond A Ranch Lewis Webb Skeater Lassiter, HCDC Buddy Jensen Joel Edward, Edwards Taxidermy Truitt McCalmon Sam Smith, Grassland Restoration Inc. Maria Sanchez, HCSO Clarence Rudiger, Road Department Larry Martinez Patricia Saucedo, DWI Robert Barrera Jim Culberson, PLAC Judy Keeler, PLAC Jose Gardea, Border Portal Joseph Flores Roger Payne Lloyd Payne Monet Neave David Whipple, EMS Brandon Kempton, Game & Fish Tisha Green, Manager Office Alyssa Olivas- Esquivel- Chief Deputy Clerk Edgar Gomez, HCSO CALL TO ORDER: Chairperson Stewart called the meeting to order at 9:00 A.M. and led the Pledge of Allegiance. Roll Call: Chairperson Marianne Stewart, Present Commissioner Richard A. Chaires, Present Commissioner Darr R. Shannon, Present APPROVAL OF AGENDA AND APPROVAL OF MINUTES: Commissioner Shannon moved to approve the agenda, Commissioner Chaires seconded the motion, motion passed. Commissioner Chaires move to approve the minutes for: Regular Meeting, February 10, 2016 Regular Meeting, March 9, 2016 Commissioner Shannon seconded the motion, motion passed. RECOGNITION OF OUTGOING PLAC MEMBERS 20 YEARS OF SERVICE Commissioner Shannon recognized Jim Culberson and Jimmy Stewart for serving twenty years with PLAC. A Representative from Steve Pearce s office presented a letter from Representative Pearce to recognize these two men for their service. DAHLIA GARCIA-BEASLEY, MITCHELL & CO. - AUDIT REPORT Page 1 of 8

2 Dahlia Garcia, with Beasley, Mitchell & Co. presented to the Board with the June 30, 2015 Audit Report. The audit report release three reports, the first report was the Independent Audit Report, which states how the county is doing financially and what is being reported correctly. The county has received the unmodified opinion. This opinion was the best opinion you can receive in a financial report. The second report is on Internal Control. This report identifies material weakness and findings that need improvement. The third report is a Single Audit Report, which explains the federal fund and determines how this fund is spent in the County. Sixteen new findings are in this audit. AMENDED RESOLUTION SETTING MILEAGE AND PER DIEM Chairperson Stewart stated that the Board would like to amend this resolution passed in January of 2016, for approval of out-of-state travel except job related meetings within 50 miles. In addition, the resolution does not include overnight meetings. Commissioner Shannon moved to approve the amended resolution for out-of-state travel that requires the County Commissioners prior approval except job-related meetings within 50 miles of the state border that does not require overnight stay, mileage, or per diem reimbursement. Commissioner Chaires seconded the motion, motion passed. RESOLUTION EXPENDITURE BUDEGT INCREASE County Manager Bob Hill presented the Resolution requesting to have permission to transfer the money to Detention Center, General Fund, Sheriff, Library, Commission, and Road Fund. Commissioner Shannon moved to approve Resolution Budget increase for the amount for $3,000 for library fund only. The Board advised to go ahead and let the other funds fall into the red. Commissioner Chaires seconded the motion, motion passed. RESOLUTION GO BOND FOR LORDSBURG HIDAGLO LIBRARY County Manager Bob Hill presented Resolution for Library increase in the amount of $10,153. Commissioner Charies moved to approved Resolution for Go Bond for Lordsburg Hidalgo Library in the amount of $10,153. Commissioner Shannon seconded the motion. Motion passed. RESOLUTION ANIMAS STREET PROJECT NMFA LOAN PAYMENT County Manager Bob Hill presented Resolution for the Animas Street project loan and the first payment to be paid on June 1 st in the amount of $1,145 out of the 401(General Fund). Commissioner Chaires moved to approved Resolution Animas Street Project NMFA Loan Payment for the amount of $1,145. Commissioner Shannon seconded the motion. Motion passed. RESOLUTION SUPPORT FOR CITY OF SIERRA VISTA, AZ CHIRICAHUA NATIONAL PARK CAMPAIGN Commissioner Shannon moved to approved Resolution in support of designating the Chiricahua National Monument as a National Park. Commissioner Chaires seconded the motion. Motion passed. MOA BETWEEN CITY OF LORDSBURG AND HIDALGO COUNTY FOR ONE- HALF REMIBURSEMENT OF NMFA LOAN PAYMENT- ANIMAS STREET PROJECT County Manager Bob Hill presented the Memorandum of Agreement between the City of Lordsburg and Hidalgo County for reimbursement of one-half of the annual loan payment. Commissioner Chaires moved to approve MOA between the city of Lordsburg and Hidalgo County for one-half of the reimbursement of the loan component in total amount of $58,728. Commissioner Shannon seconded the motion, motion passed. STRATEGIC PLANING UPDATE- COUNTY MANAGER Page 2 of 8

3 I. CHAIN OF COMMAND County Manager Bob Hill presented to the Board the Strategic Planning and directives from the manager s office. He explains an update on the Chain of Command, which is an understanding of all the employees for when they have complaints, issues and concerns. The Chain of Command provides the proper steps and a letter that has drafted and provides clear information for the employees within the county. The report shows positive feedback from all the employees and each department received signed forms. County Manager Hill explains that he has not received signatures from any of the elected officials, which is the exception to this particular request. There were some concerns about the process and about the organizational charges that were are concern to some of the elected officials. II. COUNTY ROAD C001 County Manager Bob Hill presents the particular information on the County Road C001 that is included into all three Commissioners packets. In Label 2 roads, the request is to identify how much works been spent on the C0001. A request that was made concerned the 16-mile stretch, which is the total unpaved section of it from Horse camp Road to Cloverdale following the forest area. County Manager Bob Hill states that there were 519 man-hours that were spent in maintenance of Cloverdale Road that included 302 greater hours, 46 backhoe hours, 26 Loader hours, 30 Dump Truck hours, 30 Equipment Trailer hours, and 85 Pick-Up Truck hours that were spent. Another request that was a concern was to look at which roads had any abandonment. The roads that could be impacted are Cloverdale Rd, Horse camp Rd, Fleur De Lis Ln, Upshaw Camp Dr, Geronimo Trail, Diamond A Dr, Gray Camp Dr, Foster Draw, Midbar Ranch Rd, San Luis Pass Rd, Fitzpatrick Camp Dr, Battalion Rd, Campo Santo Rd, Creek Dr, and Canyon Dr. He states how these are potential roads that could be impacted in this process depending on any action taken. Commissioner Stewart asks if he mentioned all the roads within the 16-miles, County Manager Bob Hill states that that is correct. He states that the equipment and the man-hours go together and that there was a state listing for the cost of the equipment on site for the County as well as a person being associate with each listing. Commissioner Stewart states that she can only figure out the payment of the man-hours, not the cost for equipment or fuel because it was not provided. Commissioner Shannon states that she can accomplish $140 per hour and if there is any equipment used for it that comes to $140 times 519 hours totaling $72,660. Her request is that they only consider from Foster Draw South to East of the Cloverdale store, which would not affect the 8-miles. The cost associated with this request is approximately $36,330 that was spent last year roughly on maintaining these particular 8-miles. County Manager Bob Hill states that in this request there was not a request for dollar figures. The figures provided indicate that the cost associated with the greater per state is $42.60 an hour. For the backhoe $39.60 per hour, Loader $51.30 per hour, Dump Truck $37.60 per hour, Trailer $4 per hour, and for the Pick-Up $6.90 per hour. With the total of $17, with wages associated and man-hours $6, for a total of $23, Clarence Rudiger states that the amount for the greater is provided by the NMDOT. He states that if any projects were to be performed with the state money all they could get is the $42.60 Commissioner Shannon explains how the calculation is much higher than that. County Manager Bob Hill states that the actual cost to the County is what is present. Commissioner Stewart explains what she got from the payroll office is $44,500 per employee a year. She explains that calculations she figured out with salaries is $11,200. She explains how she has gone to the Road three times now and spoke with landowners in that area. She has tried to figure out herself the relevance of what she considers a loop with the cost of C0001 duplicating. With physically being there at the road, Commissioner Stewart feels that there is a lot of waste in the man-hours because of Page 3 of 8

4 the wide stance of road that the C0001 provides. Commissioner Chaires mentions that another possibility could be to close or abandon the road. Commissioner Stewart states that if the road is abandoned it goes back to the private landowner. Commissioner Shannon adds in that by county policy they are allowed two weeks in the paper for the public to see. Commissioner Shannon expressed that she wanted to move forward on the possible closing of the 8-miles that starts on Foster Draw moving South to East of the Cloverdale store. She also states that this request needs to be published in the paper for two weeks so the public can see what they are planning in doing for economic reasons only. Commissioner Stewart would like to clarify the maps questioning the different roads being changed. As well as the many questions that were brought to her attention during this process. Commissioner Stewart also states that the Sera Communications who does the maintenance and updates has access to get into it when needed. The border patrol, which is her main concern, needs to have access to get in to these areas when needed. After speaking to everyone, she now knows that they have access and the Sheriff uses Battalion road because it is closer. The hunters she has spoken to go to the Geronimo trail coming down to Battalion road to access the forest, which would not change for them. Commissioner Stewart states that she looked at everything she can as well as Commissioner Shannon. Commissioner Shannon asks to have Mr. Gardea from the U.S Border Patrol to give his opinion. Mr. Gardea states that he is looking into meeting with the ranchers in predesignated locations where they can park their trailers. He states that for the Border Patrol it is not an issue because they can get there one way or another. Commissioner Shannon asks Mr. Gardea if he feels that this would benefit the security of the attempt to help the Border Patrol with their actions being more economical. He states that for the same reasons of having the alternate route where the hunters use allows the Border Patrol to concentrate on one-road verses concentrating on two roads. Commissioner Stewart states that county road 1 on both sides is private by one property owner. Commissioner Stewart states that if the county does not have to continue maintenance on both sides of the road that maybe one side of the road can be upgraded instead of going through the whole expense of the C0001. She explains how Battalion Rd and Foster Draw can be upgraded to where it can be more accessible. Brandon Kempton explains the 385 licenses for deer hunting to the board that use these roads and about 75% of these hunters use their travel trailers during their hunting season and the importance of bringing their travel trailers. He states that he does not know how many hunters would hunt in that area if they were not allowed to take their travel trailers. Commissioner Shannon states that this request is based on economics and that the county would have to cash in a $200,000 CD that the road department held in reserve for many years. She states that they have to find a way of cutting funds being spent and cutting services for those who need it the most. Levi Klump askes that the $72,000 that was mentioned earlier if it is for the 16-mile of county road 1 or if it was for associated roads. County Manager Bob Hill states that it is just for the 16- miles of Cloverdale Road. Levi Klump states that the meeting in Animas seemed to have concern from the congressional delegation so he spoke with the representative from Senator Udall s office about the greater concern of further communication with them regarding appropriation of helping with the roads. Buddy Jenson explains that he is opposed to closing the public roads and that the public needs to be involved in this issue before taking any action. Commissioner Stewart states the road acceptance removal policy to the audience for advertising two weeks prior to a public meeting. David Carbine explains to the board that through three county mangers they go to him for the mapping business for information on the roads in the county. He states that private landowners do not want to give up easements. He suggests that before abandoning C0001 he would request easements on the Battalion and Page 4 of 8

5 Foster Draw Rd and have it in writing that the county is allowed to widen and improve the roads. Commissioner Stewart expresses that she would like to add to David s response about the road acceptance and policies item 6 on the easements. Robert Barrera expresses to the board about the economic impact of the hunters with a percentage of them not being locals. Commissioner Stewart responds with the hunters bringing in a $150,000 with being a problem in the county from gross receipts going from $ to $422,000. Looking at these figures there is a decrease in gross receipts tax in the county not the city of Lordsburg. Robert Barrera explains that that is understandable but himself as a hunter is affected by this economic impact with using these local businesses. He states that if county road 1 is closed then what is going to happen is money being taken out of the county losing over $150,000. He mentioned that bigger travel trailers would be impossible to go up the road during bad weather. Commissioner Shannon expresses the different routes to get to the forest depending on the weather. She also states that the whole one sided 8-mile road that could be closed and does not affect any public access. Also that this 8-mile stretch does not close anything to public access because of the large amount and time consuming on this road that requires money being spent. Commissioner Stewart encourages the audience to go down, view the roads, go through the different places, and come back with comments and concerns in the next meeting following the advertisement. Commissioner Shannon explains the different roads that went to nowhere and that were bladed with no easements on them. With this being a continuation of saving the county money. Commissioner Shannon moves forward per road acceptance and removal policy of October 1989 for those directives of county commissioners at that time. Also to move forward and advertise for a two week period according to the policy regarding the possible closure of 8- miles South to East of the Cloverdale store. Commissioner Stewart seconds the motion, Commissioner Chaires opposes. Commissioner Stewart sets the date and time for the next Commission meeting on May 11, 2016 at 6 p.m. III. INTERNET SERVICES/INFORMATION TECHNOLOGY County Manager Bob Hill updated the Board with a follow up IT report from MC2 Computer Tech Truitt McCalmon. No motion was made. V. ANIMAS STREET PROJECT County Manager Bob Hill also presented the Animas Street project that is in phase two. Commissioner Shannon requested the City of Lordsburg to pay the full amount for phase two. County Manager Bob Hill did not have a commitment from the City of Lordsburg to pay the amount. No motion was made. BLM PROPOSED RULE 2.0 COMMENT PERIOD EXTENSION REQUEST LETTER Commissioner Shannon presented a letter to the Bureau of Land Management regarding BLM resource planning to request a 90-day extension to be able to make any comments. Commissioner Chaires moved to approve the letter to request a 90-day extension to the Bureau of Land Management requested by Commissioner Shannon. Commissioner Shannon seconded the motion. Motion passed REQUEST PERMISSION TO PURCHASE COMMAND VEHICLE- PLAYAS FIRE County Manager Bob Hill expresses the request coming from Playas Fire Department to purchase a command vehicle. He states that the Playas Fire Department has the money in their budget of $160,000 that is budgeted. Jim Jarvis comments on this request being something that they have been trying to get for 5 years. The vehicle that they have been looking at would be used for transportation for fire fighters to be equipped with their radios. Commissioner Stewart states if the vehicle is bigger than the last one. Jim Jarvis explains how big the vehicle is and how it will benefit the fire department. He also states how the vehicle is an Expedition with an extended body with the cost of $61,350 with the editions. The vehicle itself is $55,000. County Manager Bob Hill states that the vehicle is ready to purchase. Mr. Whipple states that anything Page 5 of 8

6 over $20,000 has to go out to bid. He suggests that they bid on the vehicle and start over. Commissioner Stewart states that they cannot vote to purchase the vehicle. County Manager Bob Hill states that the request came from Mr. Jarvis because he has the information from the fire department that the process was taken because any purchases over $10,000 would require his signature. They both inquired whether or not there was a state purchasing agreement and that they were informed that there was. Which is the reason why they moved forward with the action, it was later determined that there was not a statewide purchasing contract and there was actually a memorandum to put a hold on any activity as far as the vehicle purchase. He states that there was a concern of the vehicle already being ordered and now they are in a situation where the vehicle followed through with the order. He also states that the best way to send out the vehicle is to bid it if that is the best decision to make. Commissioner Stewart states that that is the only decision they can make at this time. Commissioner Shannon states that there was a state contract available and if it was verified which it was not. County Manager Bob Hill responds by explaining the information he was provided with. The dealership mentioned to him that they had a state contract so he issued a PO accordingly on that information. Commissioner Shannon states that the only person that can issue a PO is the actual Chief of Procurement. County Manager Bob Hill states that the correct action to take is to send the vehicle out to bid if there is a purchase more than $60,000 and he states that the policy provided out dated from the year Commissioner Stewart states that this request cannot be approved and has to go out for bid, and to go back and do it correctly. Mr. Jarvis states that he was told to get what he needs since he has the money in his budget. Commissioner Stewart states that by law they have to do state purchasing or go out for bid. She asked Mr. Whipple and Mr. Jarvis to get together and talk about the specs to go out for bid on the vehicle. In addition, to make sure it has been initialed and approved by Mr. Whipple. REQUEST FOR OUT OF STATE TRAVEL APPROVAL- HIDALGO FIRE David Whipple requested permission to travel to Minnesota to pick up the fire truck and send two employees to receive training on the fire truck while being in Minnesota. Commissioner Chaires moved to approve request as presented. Commissioner Shannon seconded the motion, motion passed. EMS MEDICAL DIRECTOR CONTRACT David Whipple presented the EMS Medical Director Contract. Mr. Whipple explained to the Board that Dr. Haire has requested to increase his services from $3,000 EMS Grant Monies to $7,000 a year. Commissioner Shannon moved to approve the EMS Medical Director Contract from $3,000 to $7,000. Commissioner Chaires seconded the motion. Motion passed. CONSIDERATION FOR TISHA GREEN TO SERVE AS A MULTI- LINE BOARD MEMBER FOR HIDALGO COUNTY County Manager Bob Hill requested to have Tisha Green serve as a multi-line board member to replace Commissioner Chaires. Commissioner Charies moved to approve Tisha Green to serve as a multi-line member for Hidalgo County. Commissioner Shannon seconded the motion, motion passed. REQUEST TO USE THE BAY AT THE HIDALGO COUNTYSHERIFF OFFICE Maria Sanchez presented to the Board a request by Hidalgo Medical Services for them to use the bay at the Sheriff Department for a group of people to walk indoors. Commissioner Shannon had spoken to the Sheriff and he did not agree for the people to use the facility due to liability. Commissioner Stewart asked Mrs. Sanchez to get with HMS to see if they could cover the insurance for the walkers. No motion was made. REQUEST TO USE RECYCLING FUNDS AT TRANSFER STATION County Manager Bob Hill presented a request to repair the scales at the Transfer Station. County Manager Bob Hill explained to the Board of Commissioners that the cost of repairs were Page 6 of 8

7 $6, Commissioner Shannon moved to approve the request to use Recycling Funds to fix the repairs of the scales for $6, Commissioner Chaires seconded the motion, motion passed. SB42 MOA- DETENTION CENTER MEDICAID County Manager Bob Hill presented the SB42 MOA Medicaid for the Detention Center. County Manager Bob Hill mentioned to the Board of Commissioners that the SB42 MOA would cut the Medicaid bid for the County. Commissioner Stewart requested that if SB42 MOA passes, to let the administrative level handle the billing portion of this and not the staff. COMMUNTIY DEVELOPMENT BLOCK GRANT County Manager Bob Hill presented to the Board of Commissioners that there would not be any CDBG funding this year due to the lack of surveys and a lot of other information that was not qualified to receive the grant. County Manager Bob Hill mentioned that with the information gathered the County can apply for it again next year. Commissioner Chaires asked County Manager Bob Hill if he could look into getting the grant for the Rodeo Community Center for next year. No motion made. ROUND TABLE Judy Keeler asked if she could get a copy of the 1989 road policy. Judy also asked who are the individuals that requested to have Chiricahua be a national park. Meira Gault requested the amount it cost the County for the eight miles of road maintenance for C001 for the year She wanted to know the amount of money the County gets from the state for this section. Chairperson Stewart stated this information would try and be provided at the next meeting. Levi Klump asked the Board regarding the walkers at the Sheriff s Department to check on the use agreement that needs to be filled out by the group. Levi asked if there were any restrictions that if one group is allowed to use if you have to allow everyone else to use it also. David Ramos made a comment on the vehicle purchase for the fire department for the bid that has gone out to Smith Ford to keep it the same year as the bid, for Commissioner Chaires asked Roland Lassiter how much it cost the county for inmates per day. Mr. Lassiter said it costs the County ninety-six dollars per day, per inmate. This cost is based on last year s fees of twenty-nine inmates. Mr. Lassiter stated the more inmates the cost becomes less. EXEXUTIVE SESSION- TO DISCUSS: LIMITED PERSONNEL MATTERS AS AUTHORIZED PURSUANT TO NMSA 1978 SECTION (H) (2) - MANAGER S OFFICE Commissioner Chaires moved to go into executive session pursuant to NMSA (H) (2) for the purpose of discussing personnel matter of Manager s Office. Commissioner Shannon seconded the motion. Roll Call Vote: Chairperson Stewart: Aye Commissioner Shannon: Aye Commissioner Chaires: Aye MOVED, SECONDED, AND CARRIED UNANIMOUSLY TO GO INTO EXECUTIVE SESSION AT 12:07 P.M. RECONVENE Page 7 of 8

8 Commissioner Chaires moved to return to open session and affirmatively stated that only those matters of which the meeting was closed were discussed in executive session. Commissioner Shannon seconded the motion. Roll Call Vote: Chairperson Stewart: Aye Commissioner Shannon: Aye Commissioner Chaires: Aye MOVED, SECONDED, AND CARRIED UNAMIMOUSLY TO RECONVENE AT 1:30 p.m. ACTION TAKEN/NOT TAKEN IN EXECUTIVE SESSION Chairperson Stewart asked for the County Manager to get with payroll and EMS to get it clear on how much the volunteer will get paid and to have it put in the policy and have a name change the definition of volunteer EMS to paid volunteers. This matter will take action in our next meeting. CERTIFICATION OF PAYROLL & ACCOUNTS PAYABLE Commissioner Chaires moved to approve the Certification of Payroll. Commissioner Shannon seconded the motion, motion passed. Commissioner Chaires made the motion to approve Accounts Payable. Commissioner Shannon seconded the motion, motion passed. ADJOURN There being no further business before the Board, Commissioner Chaires moved to adjourn. Commissioner Shannon seconded the motion. Motion passed. The meeting adjourned at 1:31 P.M. ATTEST: Alyssa Olivas- Esquivel, Chief Deputy Clerk APPROVED: HIDALGO COUNTY BOARD OF COUNTY COMMISSIONERS Marianne Stewart, Chairperson Richard A. Chaires, Member Darr R. Shannon, Member Page 8 of 8

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